The App means Loop, the software provided by Loop NZ Limited (Us) to offer listings for events or activities post by us or third parties, to be used on Apple iOS and Google Play devices and any upgrades from time to time, and any other software or documentation which enables the use of theApp. Loop Service means the App and the www.loop.net.nz website together.
3. Data Protection and Privacy
3.2. While we take all practical steps to ensure that the Loop Service is secure, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any information you post, send or share using the Loop Service may be read or intercepted by others. You understand and agree that any transmission of your information is at your risk.
3.3. Because We use Stripe to process payments, you consent to and understand that your personal information may be sent to Stripe, and may be transferred, processed and stored outside of New Zealand.
3.4. Please note that where We include links in the Loop Service to the applications, website or services of third party listing owners (Listing Owners) or other third parties, via any listings for particular activities (Listings) or otherwise, we are not responsible for the privacy practices of such third parties, or the way they handle any personal information they collect about you. You should ensure you read their privacy policies carefully before using these third party website or services.
4. Proprietary Rights and Licence
4.1. All trade marks, copyright, database rights, and other intellectual property rights of any nature in the Loop Service together with the underlying software code are owned directly either by Us or by Our licensors.
5. Conditions of Use
5.1. Loop comprises an online platform through which We or Listing Owners smay post Listingss. You may enter into transactions directly with a Listing Owner outside of Loop or using theApp.
5.2. You acknowledge that when you make a booking for an activity through the Loop Service in respect of a Listing we are acting solely as an intermediary and not as a party to your transaction with a Listing Owner. You acknowledge that the Listing Owner and not Us is responsible for the provision of the activity referred to in the Listing and you have no claim against Us in respect to that particular booking or activity.
5.3. By creating an account with Us you: (a) Consent to Us conducting verification and security procedures in respect of the information provided by you during the registration process; and (b) Agree to keep your login and account details confidential and secure.
5.4. You confirm that you are at least 16 years old.
5.5. You confirm that all information and details you provide Us are true, accurate and up to date in all respects and at all times. You can update and correct your personal details at any time through the account settings section of the Loop Service.
5.6. You will not, nor allow third parties on your behalf to: (a) make and distribute copies of the Loop Service; (b) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange, or translate the Loop Service; or (c) create derivative works of the Loop Service of any kind whatsoever.
5.8. You acknowledge that the terms of agreement with your respective mobile network provider (the “Mobile Provider”) will continue to apply when using the Loop Service. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the Loop Service or for any such third party charges as may arise. You accept responsibility for any such charges that arise.
5.9. If you are not the bill payer for the mobile telephone or handheld device being used to access the Loop Service, you are assumed to have received permission from the bill payer to use the Loop Service.
6.1. We will use reasonable efforts to make the Loop Service available at all times. However, you acknowledge the Loop Service is provided on the Internet and on mobile networks, so the quality and availability of the loop Service may be affected by factors outside Our control.
6.2. We, Our group of companies, and Our sub-contractors do not accept any responsibility or liability whatsoever for unavailability of the Loop Service or any difficulty or inability to download or access content or any other communication system failure which may result in the Loop Service being unavailable.
6.3. We are not responsible for any support or maintenance for the Loop Service and your use of the Loop Service is entirely at your own risk.
7. Charges and Payments
7.1. You may download the App or access the Loop website free of charge.
7.2. If you decide to enter into a transaction with a Listing Owner via the Loop Service in respect of a particular Listing, you will pay to that Listing Owner the charge set out in the Listing. Given that you are entering into the transaction with the Listing Owner, you acknowledge that the price for the relevant activity will be as set by the Listing Owner and as stated in the relevant Listing. We are not able to amend this price.
7.3. All charges stated are inclusive of Goods and Services Tax. Further details (including details of Our accepted payment methods and our processing fee) are provided prior to the point of purchase.
7.4. Shortly after placing your order, you will receive a confirmation email from Us that provides details of your purchase. That email will also confirm that We are acting only as an intermediary and payment agent for that purchase and that the purchase is being made from the relevant Listing Owner stated in the confirmation email, subject to the terms and conditions of that Listing Owner, which are set out in the relevant Listing and which you accepted prior to purchase. You may also receive a separate confirmation email from the relevant Listing Owner.
7.5. Payments you make via our website are processed by Stripe and its global affiliates (“Stripe”).
7.6. By entering into a transaction using a credit or debit card you confirm that the credit or debit card being used is yours. All card holders are subject to validation checks and authorisation by the card issuer. If the card issuer refuses to authorize payment We will not accept the transaction. We are not required to inform you of the reason for the refusal. We are not responsible for your card issuer or bank charging you as a result of our processing your card payment in accordance with your order. If you wish to dispute any payments we take from your card, we recommend you contact us first to discuss the relevanttransaction.
8. Cancellation of Transactions
8.1. If you wish to cancel a transaction with a Listing Owner through the Loop Service, you must send a cancellation request to firstname.lastname@example.org. The relevant Listing Owner may or may not accept the cancellation request, or place conditions on acceptance, at its sole discretion. If the Listing Owner approves a refund, We will arrange for your transaction to be cancelled. We will confirm cancellation of the transaction by email and issue a refund on behalf of the Listing Owner. Refunds will be made within 10 working days using the same payment means that were used to make the transaction being cancelled.
8.2. In the event that a Listing Owner cancels (for any reason) an activity in respect of which you have entered into a transaction using the Loop Service We will notify you promptly by email and issue a refund on behalf of the Listing Owner. Refunds will be made within 10 working days using the same payment means that were used to make the transaction being cancelled. This refund will not affect any other legal rights that you may have for additional compensation from the Listing Owner.
9. Acceptable Use
9.1. You acknowledge that the Loop Service enables you to view Listings and enter into transactions with Listing Owners.
9.2. In using the Loop Service you agree: (a) to comply with any guidelines provided or reasonable instructions issued by Us from time to time in respect of your use of the Loop Service; (b) to notify Us immediately if you become aware of circumstances where any intellectual property rights or any other rights of a third party have been infringed; (c) to take reasonable steps to ensure your mobile device or computer contains adequate anti-virus protection; (d) not to distribute viruses or any other technologies that my harm Us or the interests of any other users of the Loop Service or otherwise interfere with or dispute Our systems; and (e) not to do anything to bring Us or the Loop Service into disrepute.
10.1. We may terminate your use of the Loop Service at any time by giving notice of termination to you.
10.2. You can choose to stop using the Loop Service at any time. In addition, you may log out of your account via the account settings of the Loop Service or remove the App from your device(s) at any time.
10.3. Upon any termination: (a) the rights and licences granted to you will terminate; and (b) you must cease all use of the software.
11.1. If you breach these Terms then (without limiting any other remedy we may have), without limiting any other rights We may have at law, We may, at Our sole discretion, disable or partially disable, modify or delete any or all of your accounts, block your IP address or device from accessing the Loop Service, or in any other lawful way partially or fully restrict your access to the Loop Service.
11.2. You agree to compensate us and keep us compensated for any loss We suffer (including financial or reputational loss) howsoever arising, as a result of your breach of the Terms.
12. Disclaimer and Liability
12.2. To the maximum extent permitted by law, and for the avoidance of doubt, We hereby disclaim all implied warranties with regard to the Loop Service. The Loop Service and software are provided “as is” and “as available” without warranty of any kind.
12.3. In no event will We be liable for any direct, indirect, special, punitive, exemplary, or consequential losses or damages of whatsoever kind arising out of your use of or access to the Loop Service, including loss of profit or the like whether or not in the contemplation of the parties or whether based on breach of contract, tort (including negligence), product liability, or otherwise.
12.4. We are not liable to you for any damage or alteration to your equipment, including but not limited to computer equipment, handheld devices, or mobile telephones, as a result of the installation or use of the Loop Service.
12.5. While we put in place policies and take practical steps to ensure that Listings are only posted by reputable Listing Owners we do not guarantee the accuracy or validity of any information (including the relevant time, date, cost or location of any activity detailed in a Listing) or in any way endorse the suitability of any activity described in any Listing for a particular age range. You acknowledge that any transaction you enter into following review of Listings on the Loop Service (whether that transaction is entered into via the Loop Service or directly with the relevant third party) is conducted at your discretion and risk. We advise you to check any event timings, age suitability, costs and related event information are valid prior to committing to any purchases or attending an event or place.
12.6. Where the Loop Service publishes views, opinions, advice and recommendations, these views, opinions, advice and recommendations are not endorsed by Us and, to the maximum extent permitted by law, We will not be liable in respect of the accuracy, completeness, timeliness, defamatory nature of such views, opinions, advice and recommendations.
12.7. The Loop Service may include links to third party websites. We accept no responsibility for the availability, suitability, reliability or content of such third party websites and We do not necessarily endorse the views expressed in them.
13.2. Severability: If any clause or provision of these Terms and Conditions will be held illegal or unenforceable by any judgment of any Court or Tribunal having competent jurisdiction, such clause will not apply to this Agreement. The remaining provisions of this Agreement will remain in full force and effect as if the clause or provision held to be illegal or unenforceable had not been included.
13.3. Entire agreement: These Terms constitute the entire agreement between you and Us and supersedes and extinguishes all previous discussions, correspondence, negotiations, drafts, agreements, promises, assurances, warranties, representations and understandings between Us, whether written or oral, relating to the Loop Service.
13.4. Assignment: You acknowledge that We may transfer Our rights under these Terms (and any related claims) to any third party without having to obtain your prior consent.
13.5. Rights of Third Parties: These Terms are not intended to give rights to anyone except you and Us, except as stated otherwise in Schedule 1.
14. Governing Law and Jurisdiction:
SCHEDULE 1 When accessing the App through the iTunes Appstore or Mac Store • Acknowledgement: You acknowledge that the Terms are concluded between you and Us, and not with Apple, Inc. You acknowledge that your use of the App is subject to the iTunes usage rules as set out at http://www.apple.com/legal/internet-services/itunes/us/terms.html (the “iTunes Usage Rules”) (which you acknowledge you have had the opportunity to review) and in the event of a conflict between these Terms and the iTunes Usage Rules, the iTunes Usage Rules shall take precedence.
• Scope of Licence: Your licence to use the Loop Service is limited to use of the Loop Service on an Apple device that you own or control and as permitted in accordance with iTunes Usage Rules.
• Maintenance and Support: Apple, Inc. has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
• Warranty: To the maximum extent permitted by applicable law, Apple, Inc. will have no warranty obligation whatsoever with respect to the App.
• Product Claims: We acknowledge that We, not Apple, Inc. are responsible for addressing any claims you or any third party may have relating to the App or your possession and/or use of that App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Our liability to you is not limited beyond what is permitted by applicable law.
• Intellectual Property Rights: In the event of any third party claim that the App or your possession and use of that App infringes any third party’s intellectual property rights, We, and not Apple, Inc. will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
• Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
• Third Party Beneficiary: Apple, Inc. and its subsidiaries, are third party beneficiaries of the Terms, and that, upon your acceptance of the Terms, Apple, Inc. will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third party beneficiary thereof. When accessing the App through the Google Play Marketplace You acknowledge that your use of the App is subject to the Google Play terms of service, as set out at https://play.google.com/intl/en/about/play-terms.html (the “Google Play Marketplace Terms”) and in the event of a conflict between these Terms and the Google Play Marketplace Terms, the Terms shall take precedence.
When accessing the App through any other appstore You acknowledge that your use of the App may be subject to the terms of service of the relevant appstore through which you access the App.